Walmart Blames Tracy Morgan's Accident Injuries on the Actor for Not Wearing Seatbelt

Walmart Blames Tracy Morgan's Accident Injuries on the Actor for Not Wearing Seatbelt

Posted on Oct 6, 2014 3:50pm PDT

Walmart said in court documents that actor-comedian Tracy Morgan was at
least partly to blame for his near-fatal injuries this past June because
he was not wearing his seat belt. Morgan was riding in a limousine bus
that was struck from behind by a Walmart truck, reported
ABC News (9.29.14).

The collision was part of a six-car crash on the New Jersey Turnpike. The
accident killed James McNair and injured three other passengers.

The federal court filing was in response to the
lawsuit Morgan filed against Walmart in U.S. District Court in New Jersey in July. In his lawsuit, Morgan accused
the company of negligence. Kevin Roper, 35, the driver of the Walmart
truck had reportedly been awake for more than 24 hours before the accident.
To get to his job, he had commuted more than 700 miles from his home in
Georgia to a Walmart facility in Delaware.

If true, his work schedule was not in compliance with Federal Motor Carrier
Safety Administration regulations. The lawsuit from Morgan and others
claims that Walmart “should have known” Roper was awake for
more than a full day before the accident which was said to be “a
result of Mr. Roper’s fatigue.”

According to ABC News, Walmart denied allegations of recklessness and negligence
and claimed the injuries happened “by failure to wear an appropriate
available seat belt restraint device.” The company added that if
Morgan and the other passengers had been wearing safety restraints, “all
or a portion of the injuries could have been diminished or minimized.”

This is actually not a unique argument. If people are injured in a collision
but were not wearing their seatbelts at the time of the accident, insurance
companies and their defense lawyers will attempt to argue that there would
have been either no injuries or significantly less serious injuries if
seat belts had been worn. In making this argument, the defense seeks to
prove “comparative negligence” in causing the injuries that
were suffered during an accident. To use this defense, however, it must
be proven that the lack of seatbelt contributed to, or was a cause of injuries.

An experienced auto accident lawyer will seek every appropriate means available
to attempt to prove that his or her
client’s injuries were caused by the negligent driver, not from a failure to wear a seatbelt. The lawyer may work with expert
accident reconstructionists and biomechanical engineers to demonstrate
that serious injuries would have occurred even if a seatbelt was worn
at the time of the accident. These actions can help get the injured victims
the compensation they deserve.

There was no response from Walmart regarding the claims that Roper had
driven hundreds of miles and was fatigued. Walmart did say “the
plaintiffs’ alleged damages may have been caused by third parties
over whom Walmart had no control,” reported ABC News.

Roper had been charged with causing the accident by falling asleep while
driving, reported ABC News.

Morgan suffered multiple fractures that required a number of surgeries,
extensive medical treatment and will need to undergo significant physical
rehabilitation.

Morgan, 45, starred on NBC’s “Saturday Night Live” and
“30 Rock.”

If you or a loved one is seriously injured in an auto accident caused by
a negligent driver, contact the auto accident attorneys at The Perecman
Firm at 212-977-7033.